Buy the land or vacate – Court orders Zambia National Service
Dickson Jere
By Dickson Jere
Farm 690 in Ferngroove area of Lusaka West belonged to Lendor Burton. During the 1980s, the area was prone to military attacks as it was near a refugee camp. The government then deployed Zambia National Service (ZNS) to provide 24-hour security in the area and there was also a State of Emergency at that time. It appears Burton allowed ZNS to temporarily setup camp at his farm for the purpose. Years later, the camp developed into a full fledged military facility with permanent structures erected on it and housed the Builders Brigade.
Burton then sold the farm – of course including the 70 hectares where ZNS camp is situated. The buyer took possession of the land and had the certificate of title changed in its name. It then approached ZNS to buy the land. Initially, the military wing agreed but then changed its mind and refused to pay.
This prompted the owner to sue in the High Court, arguing that ZNS should pay him for the land it was occupying and damages for the using his land for many years. After hearing both sides, the Judge threw away the case saying Burton could not have sold entire farm where ZNS is.
Unhappy, the owner appealed to the Court of Appeal.
Three Judges looked at the case and ordered that the certificate of title should be canceled because the buyer should have known that ZNS had established camp on the farm long before it bought the land from Burton. Simply, it did not do due diligence properly.
The owner was dissatisfied.
It then climbed to the Supreme Court to seek Justice, arguing that he was owner of the farm and ZNS does not have any interest whatsoever in the farm. They were merely squatters on his farm.
Chief Justice Mumba Malila, SC and two other Judges heard the appeal. The Judges ruled in favour of the owner saying ZNS had no right to the land except that they may have had permission to setup camp from Burton but title never changed. Simply, ZNS never acquired ownership of the farm.
“To allow ZNS to remain in occupation of the appellant land without compensation goes against all laws that proscribe deprivation of an individual’s property without compensation,” the Judges said.
The Court ordered ZNS to pay for the land within seized months at the rate which will be determined by valuation surveyors appointed by the Zambia Institute of Valuation Surveyors. However, should ZNS fail to pay, the land and all the houses will belong to the owner of the land.
“Should the Respondent be unwilling or unable to compensate the Appellant, the legal consequences could only be worse,” the Court warned.
“In the event of failure by the Respondent (ZNS) to effect compensation…ZNS shall forthwith vacate such division A20 of Farm 690 leaving all the unexhausted improvements which inure to the benefit of the land,” the Judges said.
Case citation – Rephidim Institute Limited v Attorney General- SCZ 08/08/2025 and Judgement delivered yesterday. (Friday 12th December 2025).
Lecture notes;
1. This is very important judgement as the Supreme Court has once again reaffirmed property rights of individual Zambians. It does not matter whether it government or military agency that has taken over your land, you are entitled to your property. And whatever is built on the land remains for the owner to enjoy.
2. This case underscores the need to follow laws when building on land. However, the state can compulsorily acquire land for such purpose but with adequate compensation. This is good case law for investor confidence as it has shown that no one is above the law in Zambia and investment is protected.
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